When the Defend Trade Secret Act (“DTSA”) was enacted much was written about its unique remedy provision – the ex parte seizure of property. There were numerous questions about how federal courts would interpret and apply the provision. A federal court in California recently gave the first answer.
Every now and then, non-compete and trade secret plaintiffs conclude that the need for relief is so urgent that a temporary restraining order should be granted before the defendant is given notice of the suit. A recent federal court decision illustrates the danger is requesting such one-sided relief.